Bombay Cattle (licensing and Maintenance) Order, 1958

The Bombay Cattle (licensing and Maintenance) Order, 1958

Published vide Notification G. N., A. & E. D., No. DDC-CCO-1/A, dated 17th November, 1958 (B. G., Part 4-B, page 1407)

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In exercise of the powers conferred by section 4 of the Bombay Essential Commodities and Cattle (Control) Act, 1958 (Bombay LXII of 1958), the Government of Bombay hereby makes the following Order, namely :-

1. (i) This Order may be called the Bombay Cattle (Licensing and Maintenance) Order, 1958.

(ii) It extends to Greater Bombay and that portion of the Thana District which is contiguous to Greater Bombay and bounded by the Thana and the Bassein Creeks.

(iii) It shall come into force on such [date] as the State Government may by notification in the Official Gazette specify in this behalf.

2. In this Order, unless the context otherwise requires,-

(i) "cattle" means cows or she-buffaloes, whether dry or in milk, or calves;

(ii) "Form" means a Form appended to this Order;

(iii) "identification mark" means brand number or tattoo number or any similar mark determined by a Licensing Officer in relation to cattle;

(iv) "Inspector" means an Inspector appointed by the State Government for the purposes of this Order;

(v) "licence" means a licence granted under this Order;

(vi) "licensee" means,-

(a) in cases where a licence is granted to a minor, his guardian, and,

(b) in any other case, the person to whom a licence has been granted;

(vii) "Licensing Officer" means an officer appointed as the Licensing Officer by the State Government, by notification in the Official Gazette;

(viii) "permit" means a permit granted under this Order.

3. (1) No person shall keep or cause to be kept or permit the keeping of cattle (other than such class of cattle and of such age as the State Government may, by notification in the Official Gazette, specify in this behalf) for the purpose of carrying on his trade of a dairyman or milkseller in any area to which this Order extends (hereinafter referred to as "local area") except under and in accordance with the conditions of a licence granted by the Licensing Officer :

Provided that, in respect of cattle kept or caused or permitted to be kept for the purpose of carrying on the trade of a dairyman or milkseller immediately before the date, on which this Order comes into force in the local area, the person keeping cattle or causing or permitting such cattle to be kept, shall make an application for a licence within [seven months] from the date on which this Order comes into force in the local area.

(2) Every licence referred to in sub-clause (1) shall be in Form 'A' and may be granted either for the complete herd of cattle owned by an individual and accommodated in one stable or separately for each head of cattle.

4. (1) An application for a licence or licences including an application referred to in the first proviso to sub-clause (1) of clause 3 shall be made to the Licensing Officer in Form 'B' and shall be accompanied by a fee at the rate of [rupees three]per head of cattle per annum or a part of the year.

(2) Where the applicant is a minor, the application shall be signed also by the guardian of the minor, and the applicant shall prove to the satisfaction of the Licensing Officer that the person signing the application is his lawful guardian.

5. In granting or refusing a licence or renewal of a licence under this Order, the Licensing Officer shall among other relevant matters have regard to the following, that is to say -

(i) the number of cattle kept in the locality;

(ii) the suitability of the area in which the cattle are proposed to be kept; and

(iii) the suitability of the stable, having regard to the number of cattle, the provision for drainage, water supply, storage space for cattle feeds and fodder, calf pens, bull pens, place for calving animals, the facilities for washing of animals, space for keeping utensils, lodging of the servants and adequate sanitary arrangements for them, and arrangement for removal of dung and refuse to a suitable place approved by the State Government or the Municipal Corporation of Greater Bombay or, as the case may be, the local authority concerned including in particular, the provision of -

(a) of a paved stand [12' x 4 ½'] in area in a covered shed, including feeding manager, drain and a central walk or passage for each adult animal, with a mean height of 12 feet of the stable roof :

[Provided that, where the stable has any extension or lean to shed for keeping cattle, its mean height shall not be less than 7' and 9';]

(b) of paved and separate space of at least 25 square feet for each calf;

(c) for storage of cattle feeds and hay, in a place not less than 50 feet away from the animals when it is needed for a day's feeding; and

(d) for a bull pen of at least 12' x 10' for every 50 animals, with a strong gate :

Provided that, no licence shall be granted -

(a) for keeping cattle in a build-up urban locality so that the keeping of such cattle is likely, in the opinion of the Licensing Officer, to cause any nuisance thereto;

(b) if no adequate arrangements for water supply for washing, drinking and cleaning of stables at a minimum rate of 30 gallons per head per day of cattle is provided;

(c) if the stable does not possess a valid licence or permit from the local authority of the area, is required by or under any law relating to the local authority in the area.

6. (1) Every licence granted under this Order shall be valid upto 31st March next following and shall be renewable from April, each year.

(2) An application for renewal shall be made within one month of the expiry of the licence and shall be accompanied by a free calculated in the manner provided in clause 4. The application for renewal shall be made in such form as may be prescribed by the Licensing Officer.

(3) In granting or refusing the renewal of a licence, the Licensing Officer shall have regard to the provisions of clause 5 and also the following, namely:-

(a) arrangements made for proper rearing of calves;

(b) the arrangements made for the maintenance of cattle during dry period;

(c) the number of dry cattle removed outside the local area and the number of such cattle brought back in the local area after refreshing; and

(d) the number of calves reared upto six months and sent out, if any, for further growth.

7. If, on receipt of an application under the first proviso to sub-clause (1) of clause 3 or under clause 4, the Licensing Officer decides to grant a licence in respect of cattle, he shall require the person making an application by order in writing to produce the cattle for being branded or tattooed before such officer and on such date as may be specified in the order. Every cattle shall be branded or tattooed with such distinctive number so as to identify it as may be determined by the Licensing Officer. No licence shall be granted unless the cattle is branded or tattooed as provided in this clause. The applicant shall bear the cost of branding or tattooing.
8. The Licensing Officer may, without prejudice to any other action that may be taken against the licence, suspend or cancel his licence or licences for contravention of any of the provisions of this Order or of any conditions of the licence in relation to the cattle concerned or for failure to comply with any instructions issued under this Order or on cancellation of licence or permit given by the local authorities.
9. An order refusing to grant or renew a licence or suspending or cancelling a licence shall not be passed unless a reasonable opportunity is given to the aggrieved person to be heard.
10. Any person, aggrieved by an order of the Licensing Officer refusing to grant or to renew a licence or suspending or cancelling a licence, may make an appeal to the State Government within fifteen days from the date of the receipt of the order by such person.
11. When the Licensing Officer is satisfied that a licence is lost, destroyed or mutilated, he may issue a duplicate licence on payment of a fee of rupee one.
12. In the event of the refusal of grant of a licence or a renewal thereof, the applicant shall be entitled to a refund of the fee remitted by him along with his application.
13. When cattle are sold, the licensee shall not transfer his licence in respect of such cattle during the period of its validity to any person except with the permission in writing of the Licensing Officer, which may be granted on payment of fresh fee as provided under clause 4.
14. A licence granted or renewed under this Order shall be in addition to the licence, if any, granted by a competent authority under any law for the time being in force for keeping cattle in the local area concerned.
15. The licensee shall comply with the directions issued by the Licensing Officer in regard to -

(a) the maintenance of cattle and stables;

(b) the provisions of sanitation, hygiene, water supply and drainage, due regard to the public health: and

(c) the maintenance of approach roads of the stables, within thirty days of the date of receipt of such directions.

16. No licensee shall remove his cattle to a place outside the local area for maintenance during its dry period except under and in accordance with the conditions of a permit in Form 'C' granted by the Licensing Officer.
17. An application for permit under clause 16 shall be made to the Licensing Officer in Form 'D' and shall be accompanied by a fee of rupee one per head of cattle. Such application among other things shall contain the following particulars :-

(i) the particulars of the destination to which cattle is intended to be removed; and

(ii) the name and address of the person in whose charge it is intended to be kept.

18. Notwithstanding anything contained in clause 3, it shall not be necessary to obtain a fresh licence in respect of the cattle which has been removed from the local area under a permit granted by a Licensing Officer under clause 16, and which has been brought back into the local area after obtaining the necessary permission of the Licensing Officer in that respect, before the expiry of the period of the current valid licence in respect of such cattle.
19. (i) The State Government may from time to time by notified order-

(a) specify any area or place as a suitable area or place where cattle shall be kept;

(b) [where it is of opinion that continued maintenance of cattle in stables in any area or place to which this order extends is causing nuisance or is detrimental to public health, specify] any area or place as an unsuitable area or place where cattle shall not be kept;

(c) fix the maximum number of cattle to be kept in any particular area or stable or to be owned by any individual licensee.

(ii) Where any area or place has been specified as a suitable area or place under paragraph (a) of sub-clause (i), the State Government may issue general or special directions to any licensee to remove his cattle to such specified area or place and such licensee shall comply with such directions.

(iii) If any area or place specified as suitable under paragraph (a) of sub-clause (i) is undeveloped when it is so specified, a period of six months shall be allowed for developing the same.

(iv) Where any area or place has been specified as an unsuitable area or place under paragraph (b) of sub-clause (i), the Licensing Officer may allow specific time for the removal of the cattle from such area or place and the licensee shall comply with such direction and remove his cattle from such unsuitable place during the permitted time.

20. (1) The Licensing Officer or an Inspector may at all reasonable times inspect any premises for obtaining any information in respect of cattle or the premises where the cattle are kepi. Such officer may enter any premises if he has reason to believe that any provisions of this Order or any conditions of the licence are being or about to be, contravened. Such officer may ask of any persons all necessary questions and direct them to produce any documents required by him.

(2) Every person when so required shall allow access to premises, answer all questions to the best of his knowledge and belief and produce the required documents.

[21. The State Government may, by general or special order, exempt, subject to such conditions as may be specified in the order, any class of persons from all or any of the provisions of this Order.]

Form 'A'

[See clause 3 of the Bombay Cattle (Licensing and Maintenance) Order, 1958]

Licence for Keeping Cattle

Subject to the provisions of the Bombay Cattle (Licensing and Maintenance) Order, 1958 and the terms and conditions specified below Shri/Shriyuts..................................is/are hereby granted this licence for keeping the following cattle at the following place for a period ending March, 19 ... :-

Type of cattle.

Cow/Buffalo/Bullock/Bull/Calf Identification Mark.

Full address of the place where the cattle is to be kept including full details regarding shed number and the location of cattle.

No. of the stable.

Full name and address of the stable owner.

Name in full and address of the licensee.

No. of Licence.

Date of Issue

Licensing Officer.

Conditions

(1) This licence shall be produced on demand for inspection.

(2) The licensee shall have his cattle examined from time to time by the veterinary surgeon or such other officer, as the Licensing Officer may direct. He shall give immediate notice to the Licensing Officer of the outbreak of any infectious or dangerous disease amongst cattle and shall forthwith remove the cattle suffering from infectious or dangerous disease from his premises to a hospital or sick-ward approved by the Licensing Officer.

(3) The place at which cattle are kept and the area surrounding the same shall be kept clean and tidy to the satisfaction of the Licensing Officer or Inspector, by removing, from time to time, dung, urine, unused fodder and waste material therefrom and by washing the same thoroughly at least twice a day.

(4) All dung and waste matter shall be removed and dumped or disposed of in a place approved by the Licensing Officer or Inspector outside a radius of 100 yards but within the limit of 5 miles from the premises in which cattle are kept.

(5) Nothing shall be kept hanging from the roof of the stable under which cattle are kept.

(6) Bulls or bullocks, if any, shall be accommodated in a separate shed.

(7) Deaths among cattle shall be immediately notified to the Licensing Officer by the licensee and the carcass with the skin intact removed from the stable premises forthwith to a place of disposal approved by the Licensing Officer.

(8) The licensee shall surrender the licence or produce it for necessary correction to the Licensing Officer as soon as the cattle in respect of which it is issued dies.

(9) The licensee shall make proper arrangements for rearing of calves and for maintenance of cattle during dry period. He shall afford such reasonable facilities as are necessary for inspection of animals and places where they are kept.

(10) The licensee may bring back in the local area after refreshing the dry cattle removed by him outside the local area, on obtaining the necessary permission in that respect from the Licensing Officer.

(11) The licensee shall comply with any direction that may be given to him from time to time by the Licensing Officer in regard to the maintenance of cattle or the stable premises or both.

(12) The licensee shall not brand or tatoo any other cattle with identification mark which is assigned to a particular cattle, nor deface or alter any identification mark put on the cattle by the Licensing Officer.

(13) The Licensing Officer or the Inspector may enter and inspect any premises in which cattle are kept to find out whether the conditions of this licence or any directions given by the Licensing Officer are carried out or to obtain any information from the licensee in respect of cattle or the stable.

No. of Licence

Licensing Officer

Date of issue

Form 'B'

[See clause 4 of the Bombay Cattle (Licensing and Maintenance) Order, 1958]

Form of Application for licence for keeping cattle

To

The Licensing Officer,

I hereby apply for the grant of a licence for keeping the following cattle at the following place :-

Type of cattle                         Cow/Buffalo/Bullock/Bull/Calf.

Full address of the place where the cattle is to be kept.

Number of the stable.

Full name and address of stable owner.

[I hereby declare that I keep the above cattle at the place shown above and that on the date of application ..................... are in milk and ............ are dry (specify number of each).]

[I hold a licence from the ...........................Municipality/other competent authority for keeping the above cattle at................a copy of which is enclosed.]

[I hold no municipal licence for the above cattle.]

I have not previously applied for such a licence.

I have read/got read and understood the provisions of the Bombay Cattle (Licensing and Maintenance) Order, 1958, and the conditions of the licence to be issued thereunder and I agree to abide by them.

I hereby append the necessary recommendation for the grant of licence from the stable owner.

I hereby remit a fee of Rs.....

I solemnly declare what is stated above is true to the best of my knowledge and belief.

Signature or thumb impression of the applicant.

Signature of the guardian of a minor, if the applicant is a minor.

Form 'C'

[See clause 16 of the Bombay Cattle (Licensing and Maintenance) Order, 1958]

Permit for removal of dry cattle

Subject to the provisions of the Bombay Cattle (Licensing and Maintenance) Order, 1958, and with reference to his application No............... in Form 'D', dated ........................... Shri/Shriyuts ........................ ............ of ................having his/their cattle at .................... is/are hereby granted a permit to remove outside the local area in which this Order is in force the dry cattle bearing the identification mark specified below on condition that the holder of, this permit may bring them back in the said local area after they are refreshed for which advance intimation of fifteen days should be given to the Licensing Officer before bringing such cattle in the local area.

Identification Mark :

Dated :

Licensing Officer.

Form 'D'

[See clause 17 of the Bombay Cattle (Licensing and Maintenance) Order, 1958]

Application for a permit to remove dry cattle outside the local area

1. Name of applicant (in block letters)
2. Full address.
3. Location of the place where cattle are kept.
4. No. and date of the licence or licences held by the applicant under the above mentioned Order.
5. Particulars of cattle which the applicant desires to remove outside the local area.

I solemnly declare that what is stated above is true to the best of my knowledge and belief.

(Signature of thumb impression of the Applicant)

Notifications

1. N., A. & F. D., No. MLK-3858(VI)-843-N, dated 17th February, 1959 (B. G., Part IV-B, page 345)- In exercise of the powers conferred by sub-clause (1) of clause 3 of the Bombay Cattle (Licensing and Maintenance) Order, 1958, the Government of Bombay hereby specifies male calves below the age of 2 ½ years and female calves up to the age of the first calving for the purposes of the said sub-clause.
2. N., A. & F. D., No. BCO-1061/1194 (II)-N, dated 12th July, 1961 (M. G., Part IV-B, page 581)- In exercise of the powers conferred by sub-clause (1) of clause 3 of the Bombay Cattle (Licensing and Maintenance) Order, 1958, the Government of Maharashtra hereby specifies cows and she-buffaloes above the age of first calving maintained at the stables at the Aarey Milk Colony, for the purposes of the said sub-clause.
3. N., A. & F. D., No. BCO-1159/4278 (III)-N, dated 10th April, 1961 (M. G., Part IV-B, page 334)- In exercise of the powers conferred by clause 21 of the Bombay Cattle (Licensing and Maintenance) Order, 1958, the Government of Maharashtra, hereby exempts all institutions registered under the Bombay Public Trusts, Act, 1950 (Bombay XXIX of 1950), from the provisions of clauses 4, 13 and 17 of the said Order in so far as they relate to payment of fees in respect of cattle owned by those institutions.